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Vermont Implied Consent Rights Are Not to Be Deviated From
Chadwick, Spensley & Fox, PLLC

When any individual is arrested for suspicion of DUI, the arresting officer is required to issue the suspect their Implied Consent Rights before the suspect determines whether to submit to an evidentiary breath test. As set forth in 23 VSA 1202(d), an officer is trained to check off each box of their DUI affidavit after…

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Us Treasury Now Requires Filing for All New and Existing Vermont Businesses
Chadwick, Spensley & Fox, PLLC

As part of the Corporate Transparency Act enacted in 2021, the US Treasury is now requiring all existing and new businesses to submit a filing with the Department identifying members who hold an interest in the company. According to a January, 2024 press release, existing companies have 1 year to provide the required filing, while…

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Using a Vermont Accident Reconstruction Expert to Determine Liability
Chadwick, Spensley & Fox, PLLC

Not all car Vermont car accidents are the same. Cases arise where there is substantial doubt as to which party was responsible for causing a crash and thus, who should be responsible for compensating the other for the injuries they sustained. In such cases where liability remains in question, the use of a Vermont accident…

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Not So Fast! Cannabis Legalization Does Not Mean Driving While High Is Legal Too
Chadwick, Spensley & Fox, PLLC

The announcement by the Federal Government that they intend to take cannabis off its schedule 1 classification seems logical. Considering that cannabis legalization has found its way to the desk of many governors, it was only a matter of time until marijuana, that has long shared the same classification as heroin and LSD, be classified as…

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Using Past and Present Medical Treatment to Address VT Field Sobriety Test Failure
Chadwick, Spensley & Fox, PLLC

Field sobriety tests (FSTs) are a significant tool in law enforcements arsenal when they are investigating an individual for driving under the influence of alcohol and/or drugs in Vermont. The one leg stand, walk and turn and, in some cases the Modified Romberg test can, in certain cases, bolster the prosecutor’s case in proving that…

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How to Address a Defense of Malingering in a Vermont Personal Injury Suit
Chadwick, Spensley & Fox, PLLC

Malingering is defined as a falsification or profound exaggeration of an illness to gain an external benefit. In a Vermont personal injury lawsuit, the defense will often point to evidence of malingering to argue that the damages claimed are not credible. Although there may be cases where a malingering defense can pose a real and substantial hurdle to…

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Negotiating a Vermont Personal Injury Settlement
Chadwick, Spensley & Fox, PLLC

There is no hard and fast rule when it comes time to discuss the settlement of your personal injury claim with an insurance adjuster. However, rushing to these negotiations without an understanding of how the insurer is valuing your claim is not an efficient way to reach an acceptable number. If you have suffered an injury in Vermont and an insurance…

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Does a Traffic Citation Equate to Liability in a VT Car Accident?
Chadwick, Spensley & Fox, PLLC

There are circumstances where a car accident in Vermont may also lead to a criminal or civil citation. DUIs, driving too fast for conditions or negligent operation are a few of the most common citations a motorist can receive that stem from a collision between two or more vehicles. Although these citations may play a significant factor…

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How to Evaluate the Degree of a Brain Injury After a Vermont Car Accident
Chadwick, Spensley & Fox, PLLC

The science of traumatic brain injuries (TBI for short) continues to evolve as new studies release the long term impacts these injuries can have. What was simply classified years ago as “having your bell rung”, it has now been uncovered that the potential long term consequences of a TBI can be drastic if untreated. For…

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Mr. Spensley did a very good job, will never regret hiring him, very knowledgeable and communicable, if you need help with a problem just call him, he is very easy to...

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